Appeals court overturns murder conviction for former Northwestern professor accused of killing boyfriend
CHICAGO (CBS) -- An Illinois Appellate Court panel on Friday reversed the conviction of former Northwestern University professor Wyndham Lathem, who was found guilty of stabbing his boyfriend, Trenton Cornell-Duranleau, to death in 2017 as part of a sexual fantasy hatched in an online chatroom.
A three-judge appeals court panel ruled unanimously that the Cook County judge who oversaw Lathem's trial unlawfully prohibited him from speaking to his attorney during an overnight recess in the trial while Lathem was on the witness stand.
Lathem, a renowned microbiologist who was fired by the university after he fled the Chicago area in the wake of Cornell-Duranleau's murder, was found guilty in October 2021, and later sentenced to 53 years in prison.
Lathem and co-defendant Andrew Warren were accused of stabbing Cornell-Duranleau dozens of times at Lathem's Chicago condo, nearly decapitating him. Prosecutors alleged Lathem and Warren had talked for months before the murder about "carrying out their sexual fantasies of killing others and then themselves."
Warren pleaded guilty in 2019 and testified against Lathem at his trial.
During the trial, Lathem testified in his own defense, claiming Warren was the one who stabbed Cornell-Duranleau, while he cowered in a nearby bathroom. After his direct testimony, but before his cross-examination, Cook County Judge Charles Burns told Lathem that he could not speak to his attorneys during an overnight recess.
Illinois Appellate Court Justices Sharon Johnson, David Navarro and Mary Mikva ruled on Friday that Burns' ruling violated Lathem's Sixth Amendment right to consult his attorney.
"Due to the trial court's order forbidding a testifying defendant from consulting with his attorney during an overnight recess in violation of his right to counsel, and our crystal-clear and consistent precedent on this issue, we have no choice but to reverse and remand for a retrial. As heinous as murder is, these rights are crucial to the effective administration of justice," their ruling stated.
While judges are allowed to prohibit attorneys from speaking to trial witnesses about their testimony while they are still on the stand, to prevent them from coaching them what to say, the appeals court ruled that barring a defendant from any contact whatsoever with their attorney while they are testifying should be done only in extreme circumstances.
"Any restriction during an overnight recess should be the exception and not the rule and given in only exigent and unusual circumstances, and that defendant's right to unrestricted access must prevail over any fears of coaching, which should be addressed through exposure on cross-examination or through scheduling," the opinion stated.
The case against Lathem will now be sent back to the trial court for a retrial.
